Originally from European International Arbitration Review (EIAR)

I. Introduction

Spanish courts and tribunals, like those in other jurisdictions, continue to struggle with the question of how much judicial assistance they are competent to provide in aid of a foreign arbitration. This Note will discuss a recent decision of the Civil Court of First Instance Nº 101 of Madrid, a tribunal specialized in arbitration cases, rejecting an application for the advanced examination and seizure of evidence in aid of an arbitration administered under the rules of an International Chamber of Commerce (“ICC”) arbitration seated in Switzerland. The decision was subsequently affirmed on appeal by the Audiencia Provincial de Madrid. This case provides an insight into the complex relationship between the domestic legal system and international arbitrations and the evolving attitude of Spanish courts towards the role of international arbitration in the domestic legal order.